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10 May 1805
Evidence
Ch. 8. Delay.
§. 1. Sources of Delay.
Third of and last of the incidental collateral evils
opposite to the ends of procedure, Delay: in in particular particularly where
unnecessary or preponderant.
Delay is loss of time; time occupied or sufferened to view
on upon any occasion given a quantity greater than what is considered
can be Space is the place of body; time, of action – and therefore
delay, or action.
Delay is lapse of time: and in particular of any
quantity of time, the length of which is, on the occasion in question,
considered as a subject of regret.
Space is the place of body: time, and therefore delay,
of action, of operation.
Of time, as of space, any given quantity may be considered
either as vacant, unoccupied or else as occupied by that
of which it is the place.
Of Take the quantity length of time running on during the continuance
of a cause any part of a given, divide it into parts of a the
same given length, each part, whether occupied or not by operation
is in equal degree matter of regret: by from each the length of time,
during which the predictions delivered by the substantive law continue
unfulfilled, receives a great increase. But, so far as the operations
are in themselves necessary, and the length of time employed upon
each is not in any part of it unnecessary, such part of the delay
as is thus occupied, can not with propriety be said to be an unnecessary: whereas
of that which is not thus occupied, the whole is unnecessary in the whole.
In law, as in other affairs business is performed in time but not by
time.
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